General terms and conditions

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These terms and conditions form the contractual basis for all transactions concluded via the booking platform provided by us. By accepting these terms, you confirm that you have read, understood and consent to the terms and conditions set forth below.

These terms and conditions (hereinafter “Terms“) constitute the basis for all contractual relationships which Alpenregion Bludenz Tourismus GmbH (hereinafter “we“ or “ARB“) processes via its websites

www.brandnertal.at
www.walsertal.at
www.bludenz.travel
www.vorarlberg-alpenregion.at
www.klostertal.travel

These Terms are applicable to

A) services we offer which can be booked online (events, adventures, packages etc.) (“ARB Services“),
B) third-party services which can be booked online (events, adventures, packages etc.) (“Other Third-Party Services“), and
C) online bookings of accommodation with hosts named on the platform (“Third-Party Accommodation Services“).

When services are provided by third parties, we simply arrange these and are not party of the contract concluded.

These Terms are applicable despite any conflicting terms of service of users who intend to book an ARB Service, another Third-Party-Service or accommodation (hereinafter “Customer”). Unless explicitly provided otherwise, we do not accept such terms even if we provide services, aware of a Customer’s terms of service.

The privacy statement governs the use of personal data and forms an integral and binding part of these Terms.

Our websites offer different leisure activities and events which are organized by us. These constitute a non-binding offer to the Customer, inviting him to submit an offer for the conclusion of a contract of sale. In this case, we will be the Customer’s contracting party.

1. Conclusion of contract

1.1. By clicking “Buy Now”, you are submitting a binding offer to buy the service in the cart (order). Having received your order, we will send you e-mail confirmation which lists the details of your order (order confirmation). The contract between you as Customer and us is concluded once the order confirmation was sent to you.

1.2. We are not obliged to accept the Customer’s offers and may refuse to accept these at any time without stating any reason. Should this be the case, we will e-mail the Customer immediately, informing him that his offer was rejected. There will be a full refund of any payments the Customer has already made.

1.3. The essential features of the services we offer as well as the expiry date of limited offers are listed in the specifications of the services we offer online.

1.4. We will e-mail the Customer immediately if prices indicated online are inaccurate; in this case, we will not execute the purchase. Should the Customer have already paid the purchase price, we will refund the full price.

1.5. Any errors when you submit your order will be shown in the final booking summary before you proceed to checkout; you can either delete or change your order at any time before you submit it. The Customer shall ensure that the information provided, including but not limited to his contact details, are correct and complete.

2. Right of withdrawal

Customers do not have a right of withdrawal according to Section 18 (1) no 10 FAGG (Contracts on services provided in connection with leisure activities, if the contract provides for a certain date or period at or during which the undertaking is supposed to perform the contract). Accordingly, you do not have a right of withdrawal if we offer leisure activities, including but not limited to admission tickets to events. Every order of tickets is therefore binding immediately after we have confirmed the order. You are obliged to accept and pay the tickets you ordered.

3. Prices and shipment

The prices we indicate include statutory value added tax, exclusive of shipping charges. Each order will state the final price inclusive of shipping charges.
Promotion prices and special offers are valid only during the period indicated or as long as stock lasts.
 
4. Cancelled events, changes, repayments

We will e-mail or text the Customer if an event is cancelled or rescheduled or if there is any other change, provided that we have the Customer’s contact details.
Changes in cast or programme which are reasonable, minor and objectively justified are allowed, if arranged or requested by the artist.
If an event is cancelled or rescheduled or in case of any of the changes referred to above, payments already made by the Customer will be refunded or another event will be booked, as the Customer elects. Outlays, if any (for example for travel, hotel) will not be reimbursed.

Our websites also offer different leisure activities and events of third parties. ARB does not organize events which are designated as Other Third-Party Services. These events are carried out by the event organizer himself and constitute a non-binding offer to the Customer to submit an offer for the conclusion of a contract of sale.

1. Arranging services

1.1. The contract is concluded directly between the Customer and the event organizer when the booking is made. For this purpose, we will transfer the personal data you have provided to the event organizer (or his contractually obliged services providers).

1.2. All claims and obligations arising from the contract exist directly and exclusively between you as Customer and the event organizer. There will not be a contract between the Customer and us (having arranged the contract).

2. Conclusion of contract

2.1. By clicking “Buy Now”, you are submitting a binding offer to buy the service in the cart (order). After receipt of your order, you will receive e-mail confirmation which lists the details of your order (order confirmation). The contract between you as Customer and the event organizer is concluded once the order confirmation was sent to you.

2.2. The event organizer is not obliged to accept the Customer’s offers and may refuse to accept these at any time without stating any reason. Should this be the case, we will e-mail the Customer immediately, informing him that the event organizer has rejected his offer. There will be a full refund of any payments the Customer has already made.

2.3. The essential features of the services offered by the event organizer as well as the expiry date of limited offers are listed in the specifications of the services we offer online.

2.4. We will e-mail the Customer immediately if prices indicated online are inaccurate; in this case, we will not execute the purchase. Should the Customer have already paid the purchase price, we will refund the full price.

2.5. Any errors when making your booking will be shown in the final booking summary before you proceed to checkout; you can either delete or change your booking at any time before you submit it.

2.6. Furthermore, please note that when booking the event you have selected you also express your consent to the applicability of the relevant event organizer’s terms of service. The event organizer’s terms of service are therefore applicable and the contract is concluded in reliance on these terms.

3. Right of withdrawal

Customers do not have a right of withdrawal according to Section 18 (1) no 10 FAGG (Contracts on services provided in connection with leisure activities, if the contract provides for a certain date or period at or during which the undertaking is supposed to perform the contract). Accordingly, you do not have a right of withdrawal if the event organizer offers leisure activities, including but not limited to admission tickets to events. Every order of tickets is therefore binding immediately after we have confirmed the order. You are obliged to accept and pay the tickets you ordered.

4. Prices and shipment

The prices we indicate include statutory value added tax, exclusive of shipping charges. Each order will state the final price inclusive of shipping charges.
Promotion prices and special offers are valid only during the period indicated or as long as stock lasts.

5. Cancelled events, changes, repayments

We will e-mail or text the Customer if an event is cancelled or rescheduled or if there is any other change, provided that we have the Customer’s contact details.
Changes in cast or programme which are reasonable, minor and objectively justified are allowed, if arranged or requested by the artist.
If an event is cancelled or rescheduled or in case of any of the changes referred to above, payments already made by the Customer will be refunded or another event will be booked, as the Customer elects. Outlays, if any (for example for travel, hotel) will not be reimbursed.

We are making available a booking platform on our websites, which allows Customers to book accommodation of any kind for a certain period of time in the Brandnertal, Klostertal, Alpenstadt Bludenz and Großes Walsertal regions. The Customer may select and book accommodation on any of the above websites.

1. Arranging and conclusion of contracts of accommodation

1.1. A contract is concluded between you as Customer and the provider of the accommodation selected by the Customer (hereinafter “Host”) directly when the booking is made. For this purpose, we will transfer your personal data to the Host. The data you provide (e.g. overnight stay dates, contact details) must be correct and complete to ensure that the booking can be executed smoothly.

1.2. All claims and obligations arising from the contract of accommodation exist directly and exclusively between you as Customer and the Host. There will not be a contract of accommodation between the Customer and us (having arranged the contract).

1.3. The contract of accommodation is concluded once the Host accepts the reservation/booking request and is valid without the reservation being confirmed. The confirmation of reservation is additionally emailed to the Customer in summarized format. The Customer shall create the environment for the receipt of the e-mail confirmation, without affecting the validity of the booking; this applies, in particular, to cases where an incorrect e-mail address and/or phone number was entered.

1.4. Credit card: Depending on the notified booking, a credit card number and the expiry date of the card must be entered during the booking process. The necessity to indicate a credit card number is specifically pointed out during the booking process. These data are sent to the Host and are verified before your booking is confirmed. Your credit card guarantees payment of all costs incurred for the booked accommodation.

1.5. Prepayment: Special prices/special offers may pop up during the booking process; these may require you to prepay the full or part of the price. You will be able to look at the exact terms applicable in these cases prior to the final booking. In most of these cases, you will need a credit card to make these bookings; the Host might debit your card immediately. In connection with these bookings, the Customer agrees that his card is charged with the proportionate amount or the full price, including taxes and duties, if any, shown during the booking process. Before you make a booking and the latter is confirmed, you should therefore check your booking carefully as to whether special provisions apply.

We transfer your credit card details via Secure Socket Layer (SSL) in order to protect and encrypt your credit card data.

1.6. Terms and conditions of the hotel industry: Furthermore, please note that when booking the accommodation you have selected you also express your consent to the applicability of the relevant Host’s terms of service. The relevant Host’s terms of services are therefore applicable and the contract of accommodation is concluded in reliance on these terms. On a subsidiary basis, the 2006 TERMS AND CONDITIONS FOR THE HOTEL INDUSTRY of the Austrian Chamber of Commerce, tourism and leisure department, are applicable.

2. Cancellation - cancellation fee

2.1. Depending on the Host’s terms of service, the Customer will have to pay the agreed price (or a portion of the price) of the accommodation after he has made the booking or reservation, if he does not cancel the reservation in due time or does not show up without having cancelled. Detailed terms of cancellation depend on the respective Host and the type of booking, are indicated separately during the booking process and are accepted by the Customer.

2.2. If the Host does not define specific terms of cancellation and withdrawal, all services booked are governed by and subject to the terms of cancellation and withdrawal laid down in the 2006 TERMS AND CONDTITIONS OF THE HOTEL INDUSTRY.

3. Price of accommodation

3.1. Unless the Host’s terms and conditions provide otherwise, all prices are per person and per night and, depending on the booking terms, inclusive or exclusive of breakfast (can be different over a booking period of several days). Different ancillary services which are chargeable separately may be offered by the relevant Host.

3.2. Hosts are obliged to indicate the final price inclusive of taxes. However, the indicated prices were exclusively fixed by the Host. Customers can rely on the final price which is indicated prior to completion of the booking process.

4. Local tax

This local tax referred to as “Ortstaxe” is a municipal tax which serves to fund tourism infrastructure. Local tax is autonomously defined by the municipalities. The extent to which the municipalities can exercise discretion in setting the local tax is governed by a specific law. The local tax, which can either be or not be included in the price, is paid to the municipality by the Host.

2.1. Although we have compiled this information with utmost care, we cannot accept any warranty for errors in data collection or data transmission.

2.2. Some of the information on our websites is provided by the respective Hosts, other customers or third parties. ARB does not adopt any such content as its own. Every Host, Customer or third party has sole responsibility for the correctness, completeness and timeliness of data provided by it, including indicated prices and availability. Furthermore, they shall ensure that no content is posted which infringes the legal positions of third parties. ARB is not able to verify such information and can therefore not guarantee for the accuracy, completeness, quality and lawfulness of its use.

2.3. The Customer will release ARB from any and all claims which third parties are entitled to lodge due to an infringement of the obligations specified in 2.2. hereof. Furthermore, the Customer will assist ARB in defending such claims and provide ARB with any information necessary for this purpose.

2.4. ARB is not liable vis-à-vis third parties for the creation of a booking. Similarly, ARB is not liable for any defect or damage caused in connection with the provision of the accommodation services by the Host and the provision of any Other Third-Party Services (organizer etc.). We do not give any assurances and guarantees as to whether the Customer’s special requests will be met.

3.1. We collect, process and use the Customer’s personal data only on the basis of his or her consent or in reliance on legal provisions permitting the collection, processing or use of data. We collect, process or use only such data which are necessary for the provision of our services and the use and operation of the services offered online.

3.2. Under no circumstances will we sell data to third parties. We will transfer data to third parties when this is necessary to make a booking/reservation with the Host the Customer has selected or for the provision of other services owed by us. For the avoidance of doubt, this includes also the transfer of data to our affiliates or to other subcontractors for the purpose of carrying out the booking within the scope of corresponding legal structure or applicable laws, including but not limited to data protection laws.

3.3. Further information on data protection and the handling of data is available at https://www.vorarlberg-alpenregion.at/de/informationen-ueber-cookies-und-datenschutz.html.

4.1. This Agreement shall be governed by and construed in accordance with Austrian law, to the exclusion of the UN Sales Convention and the conflict of law rules of international private law.

4.2. You can use the following link to access the Online Dispute Resolution platform provided by the European Commission:
https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=DE

4.3. The place of performance is Bludenz. If the Customer is not a consumer, exclusive jurisdiction shall lie with the court which has jurisdiction ratione loci and ratione materiae at the seat of Alpenregion Bludenz Tourismus GmbH.

4.4. Should any term hereof be invalid or unenforceable, that term shall be construed in a manner which is compatible with applicable law and closest reflects the parties’ original intentions, without affecting the remaining terms hereof.

Last update: 25/01/2021